A writ petition under Article 227 sought to set aside a compromise decree in O.S.No.324/2020 passed among respondent family members. During the petition's pendency, petitioner and respondents entered into a further settlement resulting in another compromise decree in O.S.No.1043/2021; nothing survived and the petition was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12045 OF 2023 (GM-CPC)
BETWEEN:
D.M. KRISHNAPPA, AGED ABOUT 63 YEARS, S/O LATE DODDAMUNIYAPPA, R/AT 173/1, MARICHANAPPA LAYOUT, 6th WARD VIJAYAPURA TOWN, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 135.
…PETITIONER
(BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE)
AND:
Digitally signed by SUCHITRA M J Location: High Court of Karnataka
D/O D.M. ASHWATHAIAH, W/O NATRAJ C.K., R/AT CHIKKONDANAHALLI VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 562 122.
…RESPONDENTS
(BY SRI. MURALI S., ADVOCATE FOR SRI. N.K. RAMESH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE COMPROMISE DECREE AND JUDGMENT IN OS NO. 324/20 DATED:26.06.20 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI VIDE ANNEXURE-C AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned compromise decree dated 26.06.2020 passed in O.S.No.324/2020 on the file of the Senior Civil Judge, JMFC, Devanahalli [for short, ‘the trial Court’] whereby the said suit culminated in a compromise decree between respondent Nos.1 to 3.
NC: 2024:KHC:603 WP No. 12045 of 2023
Sd/JUDGE
KTY List No.: 1 Sl No.: 9 CT:SNN
1 issue framed by the court
Should the writ petition challenging the compromise decree of 26.06.2020 proceed, given a later family settlement and compromise decree in O.S.No.1043/2021?
1 provisions across 1 enactments
D.M. Krishnappa
D.M. Ashwathaiah
Vishwanath M.A.
Veena A.
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
